Swiss Contract Law in International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Swiss Contract Law in International Commercial Arbitration write by Christoph Müller. This book was released on 2023-06-30. Swiss Contract Law in International Commercial Arbitration available in PDF, EPUB and Kindle. This book provides a systematic presentation of the most important commercial contracts under Swiss law, i.e., the contract of sale, the contract for work and services, the simple mandate contract, and the commercial agency contract, as well as the licence agreement, the exclusive distribution agreement, and the settlement agreement. The book also contains an in-depth introduction of the Swiss law of obligations, covering topics such as the fundamental principles of contract law, the obligation (as the effect of the contract), the formation of contracts, contract interpretation, validity of contracts, agency, general terms and conditions, and breach of contract. After English law, Swiss law is deemed to be the most attractive law applicable to the parties' contract in an international context. At the same time, English is usually chosen as the language of the arbitration proceedings. This book will therefore be an indispensable resource for all English-speaking lawyers interested in international commercial arbitration.
Contract Law in International Commercial Arbitration
Contract Law in International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Contract Law in International Commercial Arbitration write by Peter Sester. This book was released on 2022-11-22. Contract Law in International Commercial Arbitration available in PDF, EPUB and Kindle. The vast bulk of claims in international commercial arbitration are contractual in nature. Viewed through that lens, what comes to occupy centre stage in the arbitration of disputes is the choice of applicable contract law. This book breaks new ground by for the first time focusing in depth on the contract law chosen by the parties to be applied to disputes. The author uses a comparative-inductive methodology to analyse why – according to statistics of the International Chamber of Commerce – English, New York, and Swiss contract law outperform transnational and other contract law regimes in the choice-of-law provision of business contracts. He finds that these three bodies of law share a firm commitment to enforcing the contract as written, thus prioritizing certainty, stability, and predictability, and clearly recognizing the parties’ right to determine for themselves (and have arbitrators and courts respect) central issues such as risk allocation and price. Starting from a detailed comparative examination of traditional and contemporary theories of contract, the author develops a minimalist approach that is acceptable to lawyers with a civil or common law background and that facilitates dealmaking by providing a clear set of hard-edged rules in four areas – formation of contracts, invalidity and public policy, contract interpretation, and damages for breach – and showing how each of the three contract regimes that are dominant in practice manifests his approach. With its emphasis on pragmatic adjudication grounded on facts and consequences rather than on conceptualisms and generalities, the book greatly enhances the ability of arbitrators to make decisions based on legal arguments that fit the setting of international commercial arbitration. It is sure to become established as a tool to achieve the defined objective of facilitating cross-border commercial transactions as well as providing arbitrators with a set of rules for the interpretation of contractual provisions and the quantification of damages. ‘Peter Sester confronts the reality that disputes in commercial arbitration are overwhelmingly contract-based, and properly directs our attention away from the contract by which the parties agreed to arbitrate to the contract by reference to which they intended their disputes to be adjudicated. This is a most welcome move and one that cannot help stimulate those whose interests are similarly situated on the frontier between the law of arbitration and the law of international contracts.’ Prof. George A. Bermann Columbia University, New York City ‘This is a book that is not only useful but also close to market expectations. ... Summing up, I would like to congratulate Peter Sester for giving us a free-market society book. He provides his readers with much food for thought and a remarkable admonition not to replace the parties’ work with public policy considerations.’ Prof. Dr Peter Nobel Emeritus Universities St. Gallen and Zurich, Switzerland
Contract Law in International Commercial Arbitration
Contract Law in International Commercial Arbitration - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Contract Law in International Commercial Arbitration write by Peter Sester. This book was released on 2022-11-22. Contract Law in International Commercial Arbitration available in PDF, EPUB and Kindle. The vast bulk of claims in international commercial arbitration are contractual in nature. Viewed through that lens, what comes to occupy centre stage in the arbitration of disputes is the choice of applicable contract law. This book breaks new ground by for the first time focusing in depth on the contract law chosen by the parties to be applied to disputes. The author uses a comparative-inductive methodology to analyse why - according to statistics of the International Chamber of Commerce - English, New York, and Swiss contract law outperform transnational and other contract law regimes in the choice-of-law provision of business contracts. He finds that these three bodies of law share a firm commitment to enforcing the contract as written, thus prioritizing certainty, stability, and predictability, and clearly recognizing the parties' right to determine for themselves (and have arbitrators and courts respect) central issues such as risk allocation and price. Starting from a detailed comparative examination of traditional and contemporary theories of contract, the author develops a minimalist approach that is acceptable to lawyers with a civil or common law background and that facilitates dealmaking by providing a clear set of hard-edged rules in four areas - formation of contracts, invalidity and public policy, contract interpretation, and damages for breach - and showing how each of the three contract regimes that are dominant in practice manifests his approach. With its emphasis on pragmatic adjudication grounded on facts and consequences rather than on conceptualisms and generalities, the book greatly enhances the ability of arbitrators to make decisions based on legal arguments that fit the setting of international commercial arbitration. It is sure to become established as a tool to achieve the defined objective of facilitating cross-border commercial transactions as well as providing arbitrators with a set of rules for the interpretation of contractual provisions and the quantification of damages. 'Peter Sester confronts the reality that disputes in commercial arbitration are overwhelmingly contract-based, and properly directs our attention away from the contract by which the parties agreed to arbitrate to the contract by reference to which they intended their disputes to be adjudicated. This is a most welcome move and one that cannot help stimulate those whose interests are similarly situated on the frontier between the law of arbitration and the law of international contracts.' Prof. George A. Bermann Columbia University, New York City 'This is a book that is not only useful but also close to market expectations. ... Summing up, I would like to congratulate Peter Sester for giving us a free-market society book. He provides his readers with much food for thought and a remarkable admonition not to replace the parties' work with public policy considerations.' Prof. Dr Peter Nobel Emeritus Universities St. Gallen and Zurich, Switzerland
Swiss Contract Law
Swiss Contract Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Swiss Contract Law write by Nino Sievi. This book was released on 2024-07-15. Swiss Contract Law available in PDF, EPUB and Kindle. Swiss contract law is among the most frequently chosen laws for commercial contracts. This practice-oriented book provides a comprehensive description of the basics of Swiss contract law with an emphasis on topics and contracts that are frequently in dispute between commercial parties. Grounded in a remedies-based approach, the analysis draws primarily on a thorough examination of the Swiss Federal Supreme Court’s case law. With numerous references to decisions of that court and informal translations of the most important parts, the issues and topics covered include the following: relationship between the Civil Code and the Code of Obligations; legal capacity to enter into a contract; required scope of the parties’ mutual expressions of intent; defects in consent; amending the content of a contract due to changed circumstances; performance of contractual obligations; concluding a contract via a third party; multiple creditors and/or debtors; breach of contract and legal remedies; termination of contracts; and specific contracts of particular commercial relevance (sales contract, contract for work, mandate agreement, settlement agreement). The remedies at the centre of the book make its details particularly accessible to foreign practitioners, notably those with a common law background. With its focus on dispute resolution, the book will equip practitioners with a confident understanding of how Swiss law regulates the creation, performance, termination, and enforcement of commercial contracts. It will prove of immeasurable value to corporate counsel and international law firms.
Arbitration in Switzerland
Arbitration in Switzerland - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Arbitration in Switzerland write by Dr. Manuel Arroyo. This book was released on 2018-08-06. Arbitration in Switzerland available in PDF, EPUB and Kindle. Arbitration in Switzerland
